Pointing a Firearm

What is Pointing a Firearm

Definition: Section 87 of the Criminal Code of Canada explicitly prohibits pointing a firearm at another person, whether the firearm is loaded or not, without a lawful excuse.

Important Points

  • “Firearm” has a broad legal definition covering real guns, imitation guns, and other items like pellet guns or BB guns.
  • Lawful excuses are rare, generally limited to specific circumstances like self-defence.
  • You can be charged even if you weren’t trying to scare the person.

Common Evidence

  • Witness statements (victim, bystanders).
  • Security or surveillance footage.
  • The firearm itself (or ammunition).
  • Any injuries sustained.

Penalties for Pointing a Firearm

Pointing a Firearm is a hybrid offence, meaning the Crown decides whether to proceed summarily or by indictment:

Summary Conviction: Less serious cases.

  • Maximum Penalty: Up to 24 months in prison and/or a $5,000 fine.

Indictment: More severe cases, often with accompanying charges depending on the circumstances.

  • Maximum Penalty: Up to 5 years in prison.

How We Can Help

Securing Your Release: An arrest for pointing a firearm could mean you’re released by the police with a court date, or might require a bail hearing. We’ll work hard to advocate for your release with conditions that allow you to get back to your life while the case proceeds.

Fighting the Charges: Every case is unique, and we’ll carefully analyze the evidence against you. Potential strategies might include:

  • You were acting in self-defence.
  • The object wasn’t a firearm or imitation of a firearm as legally defined.
  • Mistaken identity.
  • Witness testimony is unreliable.

Frequently Asked Questions

It might. Determining what qualifies as an imitation firearm can be complex, we’ll need to look at the details of your situation.

Unfortunately, intent often isn’t a major factor in pointing a firearm charges unless you have a very clear lawful excuse.

Generally, no. However, specific circumstances may impact strategies for your defence.

Let's Talk About Your Case

Pointing a firearm charges are very serious and can have significant consequences. It’s crucial to seek legal advice to understand both the charges and potential repercussions. Contact us for a free case review to discuss your specific circumstances.

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